Flat Chat Strata Forum Common Property Current Page

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  • #8684
    Karen
    Flatchatter

      We have a storage room with allotted spaces for each apartment.  There is also  space in this room that is not alloted to anyone but collects mattresses, Tv’s and other items when tennants move out etc.

      We have no way of knowing who these items belong to.  If we throw these items away in the council cleanup, could the owner sue us for the value of these items if they were storing them?  If we put out a notice to all residents giving notice of when we will be removing the items, is this within the law?  Are we ok to remove any items that are not stored within allotted spaces?

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    • #17812
      Sir Humphrey
      Strataguru

        In the ACT I think you would be bound by the Uncollected Goods Act. I expect other states have an equivalent. That lets you give notice then dispose of items, retaining the funds in a trust fund for some period, deducting a reasonable amount for costs, which might be as much as the goods are worth in some cases. I found this out when finding out what to do about a car that seemed to be abandoned but was not reported as stolen. The police and motor registry could not give me details about the last registered owner. Eventually it disappeared of its own accord and perhaps it had been owned by a local who did not respond to our newsletter item. 

        You might be able to do some of the things you suggest if you have a bylaw about this. In your case it is more obviously stuff left by owners and their tenants so by laws apply to them. Perhaps it is worth proposing a bylaw that would prohibit the storage of stuff on common property without permission and allowing the OC to dispose of such stuff any way it sees fit after some period and after some reasonable notice of some sort. 

        Do others have such a bylaw?

        If it is convenient, you might deal with the current batch of stuff this way although that will leave it there for a while longer as you call a meeting, pass the resolution, register the new bylaw etc. 

        #17813
        Jimmy-T
        Keymaster

          If you know who the landlord is, in NSW you can possibly use some of the provisions HERE. Otherwise NSW does have an Uncollected Goods Act but both pieces of legislation put the onus on the holder of the goods to notify the person who has left them.

          I would think if this was a recurring problem, it might be worth drafting a by-law that said goods left on common property for more than, say, 14 or 30 days would be deemed abandoned and would be subject to disposal by the the Owners Corp by whatever means they saw fit.  The by-law could specify areas that were included – like a storeroom – and conditions under which things could be left there, including written permission for a specific period and charges for storage.

          It could also state that abandoned goods might be sold with the cost of disposal subtracted from the sum received. This could probably be retrospective in that it would apply to goods still in common property when the by-law came into effect. It would be worth talking to a lawyer about this.

          The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
          #17839

          Unfortunately, we have had to adopt a no tolerance policy regarding storing personal items on common property.  Interestingly, the largest unit of our 4 lot strata plan being 2 bedrooms, 2 storey, 2 large balconies, plus a large lock up garage seems to attract residents (both owners & tenants) whom claim they do not have enough storage room & have attempted to store bikes, bird cages, gym equipment, outdoor fire places, pot plants, go-carts, tents etc in our common back yard.  The other 3 units are 1 bedroom with no garage & only a small terrace yet we manage to store our personal items within our own lots.  If we had allowed this storage, our property would resemble a junk yard.

          #17846
          struggler
          Flatchatter

            Why should an owners corp have to dispose of someone’s goods anyway? Now that man councils in Sydney no longer have regular council clean ups, these would lead to costs to the OC.

            We had an incidence when some tenants moved out and left the most amazing array of “stuff” in the bins round the bin areas and sitting on top of the bins. I would like to advise those who want to dump their junk on common property to not leave identifiable content in their trash as these tenants did. There were documents, paperwork, books etc all with their names emblazoned on them. They left a concrete block, a brazier, and many other articles that were not suitable for residential waste bins, not to mention they had taken up most of the bins with other household goods. We contacted the agent managing the property. These people swore they did not leave anything and then sent us a letter from the mnister of their church saying they were good people.. Meantime we are left with a large amount of stuff, plus garbage bins full, a council cleanup months away, a council that fines for inappriate waste and tenants who have walked away scot free and left everyone else to clean up their mess and pay for the privilege. For me it all boils down to a lack of common sense and respect for others.

            #17847
            Boronia
            Flatchatter

              This has been a regular occurrence in our block.

               

              Why aren’t owners/agents required to get a clearance from the OC before refunding bond money?

              #17852
              kiwipaul
              Flatchatter

                @Boronia said:

                Why aren’t owners/agents required to get a clearance from the OC before refunding bond money?

                Nothing to stop the EC billing the owner of the lot whos tenants made the mess, this might make him check in the future. Owner is reasponsible for his lot and should pass on this reasponsibility to any tenants.

                #17853
                struggler
                Flatchatter

                  Excellent suggestion Boronia. This problem will exacerbate with the lack of regular council cleanups becoming the norm. Have made enquiries in my own area and have been told that the EC needs to organize with the council for a cleanup for the entire block. It seems inidividual strata owners/residents are to entitled to their own clean up as are the house dwellers. Have found this discrimination for us strata residents before. Despite the fact that in my complex we have units that are as large as a house, have as many residents as a house, has gardens and lawns (just smaller) and yet we are not entitled to even one cleanup.

                  In this complex where the EC could not organize a beer in brewery let alone the overdue maintenance issues (been a year since I brought it to their tension, should I send an anniversary card?). So there will be no cleanups for this complex. So many like me will be stuffing the bins full of items normally kept for those twice yearly cleanups. And those moving out will find the bins full and will dump even more stuff on common property for the rest of us to get rid of.

                  #17854
                  scotlandx
                  Strataguru

                    This kind of thing drives me crazy, both with people moving in moving out.  A person who moved in a while ago thought it was ok to just dump all his moving debris (boxes etc.) and miscellaneous building materials in the courtyard – someone else’s problem.  I was reduced to taking photos of the mess and dumping a number of items on his doorstep.

                    There are a few things you can do:

                    – as kiwipaul says, bill the owner of the lot for removal of the rubbish left by tenants.  We do this – it is important to notify the managing agent when the stuff is dumped so you have a record and bear in mind you can’t force them to pay, or it is hard to.  However when the lot is sold that amount is adjusted at settlement so you will get the money in the end.  We did that with one owner whose tenants kindly left an old mattress in the entrance to the building.

                    – put up a sign saying anything left on common property will be considered abandoned, and will be disposed of. 

                    When we have council clean-up we put out a notice saying that anything found on the common property will be removed, it is amazing what happens when you do that.

                    – I have a friend who lives in a company title block, their constitution provides that anyone who lets out their lot is required to pay an additional amount of bond money to the company, which is held as surety against having to meet  costs like this.  You can also use that money for damage to the common property caused by people moving in and out. 

                    You could consider introducing a by-law to provide for the same sort of thing – legally I don’t know how this would fly, and it could be difficult to get passed where there are a lot of landlord owners, but I think it could be worth trying. 

                    #17855
                    Jimmy-T
                    Keymaster

                      Here are the  guidelines on goods left behind in NSW.  Readers in Victoria should look HERE, while in Queensland, the guidelines are HERE. This information is specific to landlord and tenant relationships.

                      The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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